EUROPEAN COMMISSION
Brussels, 29.9.2025
COM(2025) 564 final
2025/0305(NLE)
Proposal for a
COUNCIL DECISION
establishing the position to be taken on behalf of the Union within the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture as regards certain proposals submitted for adoption during its eleventh session
EXPLANATORY MEMORANDUM
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
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This is a proposal for a Council Decision establishing the position to be taken on behalf of the Union on the amendment of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) - ‘the Treaty’ - at the eleventh session of the Governing Body of the Treaty that will take place from 24 to 29 November 2025. The Treaty entered into force in 2004. It aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture, as well as the fair and equitable benefit sharing arising from their use. The highest organ of the Treaty is the Governing Body. It is composed of all Contracting Parties to the Treaty. The Union and all its Member States are Contracting Parties to the Treaty. The Governing Body is entitled to adopt amendments to the Treaty and its annexes. Those amendments come into force after ratification, acceptance or approval by two-thirds of the Contracting Parties. Under the Treaty a Multilateral System of access and benefit sharing (MLS) has been established for 64 of some of the most important food and forage crops essential for food security and interdependence (listed in Annex I to the Treaty). The exchange of plant genetic resources is governed by a Standard Material Transfer Agreement (SMTA), defining rights and obligations of provider and recipient of the material. A Benefit-sharing Fund (BSF) has been established as the mechanism for receiving and utilising the financial resources that accrue from the MLS for financing projects in developing countries. Negotiations aiming at revising the MLS in order to increase user-based income flow to the BSF have been ongoing in the framework of the Treaty since 2013. The negotiations have been advanced by the ‘Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System’ that was established by the Governing Body in 2013. Its mandate was extended in 2015 and 2017, and it was re-established in 2022. Its fourteenth and last meeting took place from 7 to 11 July 2025. Its work has resulted in a package of measures that will be considered for adoption at the eleventh session of the Governing Body in November 2025. This package includes: 1.The extension of Annex I to the Treaty, with the objective to make more plant genetic resources available within the MLS. 2.The revision of the SMTA, with the objective to render its terms more effective, while respecting the balance of the interests of providers and recipients of plant genetic resources. 3.A resolution that is to accompany the amendment of Annex I to the Treaty and the revision of the SMTA, aiming at addressing the expectations about monetary benefit-sharing from the use of ‘digital sequence information (DSI)’. The concept of DSI (i.e. sequences of the genome of plants that may translate into different characteristics or traits and are becoming increasingly important research and breeding tools) is not covered within the SMTA as it is subject to discussion on what exactly it covers. There is for example difficulty to trace its origin or to trace its contribution to a new product and therefore calculate the benefits to be shared from its use. A finalisation of these negotiations may take place at the upcoming eleventh session of the Governing Body taking place in November 2025. This Decision sets out the Union position in relation to the extension of Annex I to the Treaty and to the revision of the SMTA. The Union position is to extend Annex I as much as possible and that other elements of the package should be conditional to this extension. The extension of Annex I to the Treaty and the revision of the SMTA, once they would come into force, would have legal effects . An authorisation of the Council is therefore needed to agree to the outcome of these negotiations if the result is in line with the Union position. This Decision should also repeal the previous Council Decision 12102/22 that was adopted by the Council ahead of the ninth session of the Governing Body in 2022, as it only covers the extension of Annex I but not the other elements under discussion at the upcoming eleventh session of the Governing Body. |
•Consistency with existing policy provisions in the policy area
The Treaty provides a legally binding global framework for the sustainable conservation of plant genetic resources for food and agriculture and a multilateral system under which all parties to the Treaty not only have access to such resources but also share the benefits arising from their use. The proposal aims to improve the functioning of the Treaty and is therefore consistent and supportive to the Union policies in the areas of agriculture and environment.
•Consistency with other Union policies
This proposal aims to support the fair and equitable benefit sharing arising from the use of plant genetic resources for food and agriculture in the framework of the Treaty. As the benefits accrued are used for funding projects in developing countries, this proposal is consistent and supportive to the Union international partnership and development policy.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for the Council, on a proposal from the Commission, to adopt decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a party to the agreement.
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.
The Governing Body is a body set up by an agreement, namely the Treaty that was adopted by the FAO Conference on 3 November 2001 and entered into force on 29 June 2004.
The Union together with its Member States are Contracting Parties to the Treaty.
The envisaged act, which the Governing Body is called upon to adopt, constitutes an act having legal effects. The envisaged act will be binding on the Contracting Parties under international law in accordance with Articles 12.4, 23 and 24.2 of the Treaty.
The envisaged act does not supplement or amend the institutional framework of the Treaty.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
With regard to an envisaged act that simultaneously pursues a number of objectives, or that has several components, which are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.
The envisaged act pursues objectives and has components falling within the areas of agriculture and the protection of the environment. These objectives and components are inseparably linked without one being incidental to the other.
Therefore, the substantive legal bases of the proposed decision are Articles 43(2) TFEU and 192(1) TFEU.
The legal bases of the proposed decision should be Articles 43(2) TFEU and 192(1) TFEU, in conjunction with Article 218(9) TFEU.
•Subsidiarity (for non-exclusive competence)
Not Applicable
•Proportionality
Not Applicable
•Choice of the instrument
Following Article 218(9) TFEU, the instrument chosen is the only possible for achieving the objective of this proposal.
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
Not Applicable
•Stakeholder consultations
See below.
•Collection and use of expertise
The proposal is built upon the negotiation text that that will be considered for adoption at the eleventh session of the Governing Body in November 2025. This text has been prepared by the ‘Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System’ that was established by the Governing Body of the Treaty. The work of this Group included an iterative process, whereby text was produced in meetings of the Group, made public and then again reworked based on comments. Experts and stakeholders from all countries that are Contracting Parties to the Treaty had the opportunity to contribute to this process.
•Impact assessment
Not Applicable
•Regulatory fitness and simplification
Not Applicable
•Fundamental rights
The proposal does not have impacts on fundamental rights.
4.BUDGETARY IMPLICATIONS
The proposal does not have budgetary implications.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
Not Applicable
•Detailed explanation of the specific provisions of the proposal
Article 1 explains the position to be taken on behalf of the Union at the negotiations during the eleventh session (or subsequent sessions) of the Governing Body of the Treaty as regards the amendments to Annex I to the Treaty and the adoption of a revised Standard Material Transfer Agreement.
Article 2 explains the conditions under which the position to be taken on behalf of the Union may divert from the content of this Council Decision.
Article 3 repeals the previous Council Decision on the same subject.
Article 4 sets the date of expiration of this Council Decision.
Annex I and II further detail the position mentioned under Article 1.
Annex III further details the conditions mentioned under Article 2.
2025/0305 (NLE)
Proposal for a
COUNCIL DECISION
establishing the position to be taken on behalf of the Union within the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture as regards certain proposals submitted for adoption during its eleventh session
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2) and 192(1) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The International Treaty on Plant Genetic Resources for Food and Agriculture (‘the Treaty’) was concluded by the Union by means of Council Decision 2004/869/EC 1 (1) and entered into force on 29 June 2004.
(2)Pursuant to Article 23 and Article 24.2 of the Treaty, the Governing Body established by the Treaty (‘the Governing Body’) is entitled to adopt amendments to the Treaty and its annexes.
(3)During its eleventh session from 24 to 29 November 2025, the Governing Body is to examine and possibly adopt a decision on a proposal for amendments to Annex I to the Treaty which aim to cover plant genetic resources for food and agriculture other than those currently contained in that Annex. The plant genetic resources included in Annex I to the Treaty are covered by the multilateral system of access and benefit-sharing (‘the Multilateral System’) established under the Treaty.
(4)The proposal for amendments to the Annex I to the Treaty will be examined by the Governing Body within a package of measures that will also include a proposal for the revision of the Standard Material Transfer Agreement (SMTA), the standard contract that governs the exchange of material under the Multilateral System.
(5)This package of measures has been prepared by the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System, that was established by the Governing Body for this purpose. The Union should support the proposed amendments to the Annex I to the Treaty and the revision of the SMTA, as these are expected to contribute to achieving the main objectives of the Treaty.
(6)Once accepted and following ratification, acceptance or approval by two-thirds of the Contracting Parties, the decision of the Governing Body regarding the amendments to Annex I to the Treaty to cover further plant genetic resources for food and agriculture and the revision of the SMTA will be binding on the Union. It is therefore appropriate to establish the position to be taken on behalf of the Union within the Governing Body at its eleventh session or in any subsequent session taking place during the period of validity of this Decision, if no agreement is reached at its eleventh session.
(7)The amendments to Annex I to the Treaty and the revision of the SMTA would not require any change in Union law.
(8)In order to allow for the necessary flexibility during the negotiations in the course of the eleventh session of the Governing Body, or in any subsequent session if no agreement is reached at this eleventh session, the Union should be authorised to agree to minor technical changes in relation to this Decision as regards the decision to be adopted by the Governing Body on the amendments to Annex I to the Treaty and the revision of the SMTA, provided that such changes do not alter the substance of this Decision.
(9)This Decision should apply for a limited period of time, after which, if the amendment to Annex to the Treaty and the revision of the SMTA have not been adopted, the Commission should assess the effectiveness of this Decision and propose whether or not to extend its application or otherwise amend or repeal it.
(10)The previous Council Decision 12102/22 establishing the position to be taken on behalf of the Union within the Governing Body of the Treaty should be repealed, as it does not reflect the developments within the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System,
HAS ADOPTED THIS DECISION:
Article 1
1.The position to be taken on the Union’s behalf in the eleventh session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture ('the Treaty') to be held from 24 to 29 November 2025, or in any subsequent session if no agreement is reached at the eleventh session, as regards the amendment to Annex I to the Treaty concerning the expansion of coverage under the Multilateral System of Access and Benefit-sharing and the adoption of a revised Standard Material Transfer Agreement, shall be based on the draft amendment to Annex I to the Treaty and on the draft revised Standard Material Transfer Agreement set out respectively in Annexes I and II.
2.The system of mandatory payments established by the revised Standard Material Transfer Agreement shall be subject to conditions related to the entry into force of the amendment to Annex I to the Treaty.
Article 2
Where the position referred to in Article 1 is likely to be affected by new scientific or technical information presented before or during the eleventh session of the Governing Body, or in any subsequent session if no agreement is reached at the eleventh session, or where the Union needs to enter into further negotiations at that session, the Union position may be subject to minor technical changes to be agreed on the spot, respecting the principles laid down in Annex III.
Article 3
The Council Decision 12102/22 of 13 September 2022 on the position to be taken on behalf of the European Union within the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture as regards amendments to Annex I to that Treaty is repealed.
Article 4
This Decision shall enter into force on the day of its adoption.
Article 5
This Decision shall apply until 31 December 2029.
Article 6
This Decision is addressed to the Commission and to the Member States.
Done at Brussels,
For the Council
The President
[...]
EUROPEAN COMMISSION
Brussels, 29.9.2025
COM(2025) 564 final
ANNEX
to the
COUNCIL DECISION
establishing the position to be taken on behalf of the Union within the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture as regards certain proposals submitted for adoption during its eleventh session
Annex I
DRAFT AMENDMENT TO ANNEX I TO THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE
1.The position of the Union is that the scope of the multilateral system of access and benefit-sharing (‘the Multilateral System’) is to be expanded as much as possible to cover all plant genetic resources for food and agriculture. Therefore, in Annex I to the International Treaty on Plant Genetic Resources for Food and Agriculture (‘the Treaty’), the following paragraph shall be inserted after the lists of food crops and forages:
'In furtherance of the objectives and scope of this Treaty, in accordance with Article 3, and without prejudice to point (h) of Article 12.3 thereof, the Multilateral System shall, in addition to the food crops and forages listed above, cover all other plant genetic resources for food and agriculture, including those plant genetic resources for food and agriculture previously excepted or excluded in the list above, that are under the management and control of the Contracting Parties and in the public domain and that are found in ex situ collections. After the entry into force of this amendment, any acceptance or approval of or accession to the Treaty shall include this amendment.'.
2.As a fall-back option to facilitate compromise, if the Union position indicated under point 1 of this Annex is not agreed upon, the following additional paragraph can be added to Annex I to the Treaty, after the list of food crops and forages and in addition to the part in inverted commas and in italics under point 1 of this Annex:
'At the time of its ratification, acceptance or approval of this amendment, a Contracting Party may, exceptionally, declare certain and a limited number of species native to its territory that it will not make available under the terms and conditions of the Multilateral System. Such a declaration shall not affect the rights and obligations of any other Contracting Party related to the said species, nor those of the International Agricultural Research Centres of the Consultative Group on International Agricultural Research or other international institutions that concluded an agreement with the Governing Body under Article 15 of this Treaty. A Contracting Party may withdraw its declaration at any time, or eliminate plant genetic resources for food and agriculture from its list at any time, but shall not make any additional declaration.'.
EUROPEAN COMMISSION
Brussels, 29.9.2025
COM(2025) 564 final
ANNEX
to the
COUNCIL DECISION
establishing the position to be taken on behalf of the Union within the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture as regards certain proposals submitted for adoption during its eleventh session
Annex II
DRAFT REVISED STANDARD MATERIAL TRANSFER AGREEMENT
1.STANDARD MATERIAL TRANSFER AGREEMENT
PREAMBLE
WHEREAS
The International Treaty on Plant Genetic Resources for Food and Agriculture (hereinafter referred to as “the Treaty” 1(1) was adopted by the Thirty-first session of the FAO Conference on 3 November 2001 and entered into force on 29 June 2004;
The objectives of the Treaty are the conservation and sustainable use of Plant Genetic Resources for Food and Agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security;
The Contracting Parties to the Treaty, in the exercise of their sovereign rights over their Plant Genetic Resources for Food and Agriculture, have established a Multilateral System both to facilitate access to Plant Genetic Resources for Food and Agriculture and to share, in a fair and equitable way, the benefits arising from the utilization of these resources, on a complementary and mutually reinforcing basis;
Articles 4, 11, 12.4 and 12.5 of the Treaty are borne in mind;
The diversity of the legal systems of the Contracting Parties with respect to their national procedural rules governing access to courts and to arbitration, and the obligations arising from international and regional conventions applicable to these procedural rules, are recognized;
Article 12.4 of the Treaty provides that facilitated access under the Multilateral System shall be provided pursuant to a Standard Material Transfer Agreement, and the Governing Body of the Treaty, in its Resolution 1/2006 of 16 June 2006, adopted the Standard Material Transfer Agreement, which in Resolution [XX]/2025 of [XX] November 2025 it decided to amend.
ARTICLE 1 - PARTIES TO THE AGREEMENT
1.1 The present Standard Material Transfer Agreement (hereinafter referred to as “this Agreement”) is the Standard Material Transfer Agreement referred to in Article 12.4 of the Treaty.
1.2 This Agreement is:
BETWEEN: (name and address of the provider or providing institution, name of authorized official, contact information for authorized official*) (hereinafter referred to as “the Provider”),
AND: (name and address of the recipient or recipient institution, name of authorized official, contact information for authorized official* 2(2)) (hereinafter referred to as “the Recipient”).
1.3 The parties to this Agreement hereby agree as follows:
ARTICLE 2 - DEFINITIONS
In this Agreement the expressions set out below shall have the following meaning:
“Affiliate”: one corporate body is affiliated with another corporate body if one of them is the subsidiary of the other, or both are subsidiaries of the same corporate body, or each of them is controlled by the same legal person.
“Available without restriction”: a Product is considered to be available without restriction to others for further research and breeding when it is available for research and breeding without any legal or contractual obligations, or technological restrictions, that would preclude using it in the manner specified in the Treaty.
“Commercialize” means to make available Plant Genetic Resources for Food and Agriculture for monetary consideration on the open market, and “commercialization” has a corresponding meaning. Commercialization shall not include any form of transfer of Plant Genetic Resources for Food and Agriculture under Development, nor shall it include the sale of commodities.
“Genetic material” means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity.
“Governing Body” means the Governing Body of the Treaty.
“Multilateral System” means the Multilateral System established under Article 10.2 of the Treaty.
“Plant Genetic Resources for Food and Agriculture” means any genetic material of plant origin of actual or potential value for food and agriculture.
“Plant Genetic Resources for Food and Agriculture under Development” means material derived from the Material, and hence distinct from it, that is not yet ready for commercialization and which the developer intends to further develop or to transfer to another person or entity for further development. The period of development for the Plant Genetic Resources for Food and Agriculture under Development shall be deemed to have ceased when those resources are commercialized as a Product.
“Product” means Plant Genetic Resources for Food and Agriculture that incorporate 3(3) the Material or any of its genetic parts or components that are ready for commercialization, excluding commodities and other products used for food, feed and processing.
“Sales” means the gross income received by the Recipient and its affiliates from commercialization and in the form of license fees for Plant Genetic Resources for Food and Agriculture.
“Trait of commercial value” means any inheritable and measurable trait that confers significant commercial value for food and agriculture to a Product, including but not limited to agronomic traits, traits conferring resistance to biotic or abiotic stresses, traits that enhance the nutritional or processing value of harvested commodities, and any other traits used to describe a Product for the purpose of promoting its commercialization.
ARTICLE 3 - SUBJECT MATTER OF THE AGREEMENT
The Plant Genetic Resources for Food and Agriculture specified in Annex 1 to this Agreement (hereinafter referred to as the “Material”) and the available related information referred to in Article 5b and in Annex 1 are hereby transferred from the Provider to the Recipient subject to the terms and conditions set out in this Agreement.
ARTICLE 4 - GENERAL PROVISIONS
4.1 This Agreement is entered into within the framework of the Multilateral System and shall be implemented and interpreted in accordance with the objectives and provisions of the Treaty.
4.2 The parties recognize that they are subject to the applicable legal measures and procedures, that have been adopted by the Contracting Parties to the Treaty, in conformity with the Treaty, in particular those taken in conformity with Articles 4, 12.2 and 12.5 of the Treaty. 4(4)
4.3 The parties to this Agreement agree that the Food and Agriculture Organization of the United Nations acting on behalf of the Governing Body of the Treaty and its Multilateral System, is the third party beneficiary under this Agreement.
4.4 The third party beneficiary has the right to request the appropriate information as required in Articles 5e, 6.5c, 8.3, Annex 2, Article 3.6, and Annex 4, Paragraph 7 to this Agreement.
4.5 The rights granted to the Food and Agriculture Organization of the United Nations above do not prevent the parties to this Agreement from exercising their rights under this Agreement.
ARTICLE 5 - RIGHTS AND OBLIGATIONS OF THE PROVIDER
The Provider undertakes that the Material is transferred in accordance with the following provisions of the Treaty:
a) Access shall be accorded expeditiously, without the need to track individual accessions and free of charge, or, when a fee is charged, it shall not exceed the minimal cost involved;
b) All available passport data and, subject to applicable law, any other associated available non-confidential descriptive information, shall be made available with the Plant Genetic Resources for Food and Agriculture provided;
c) Access to Plant Genetic Resources for Food and Agriculture under Development, including material being developed by farmers, shall be at the discretion of its developer, during the period of its development;
d) Access to Plant Genetic Resources for Food and Agriculture protected by intellectual and other property rights shall be consistent with relevant international agreements, and with relevant national laws;
e) The Provider shall inform the Governing Body, through its Secretary, at least once every two calendar years, or within an interval that shall be, from time to time, decided by the Governing Body, about the Material Transfer Agreements entered into, 5(5)
either by:
Option A: Transmitting a copy of the completed Standard Material Transfer Agreement, 6(6)
or
Option B: In the event that a copy of the Standard Material Transfer Agreement is not transmitted,
i. ensuring that the completed Standard Material Transfer Agreement is at the disposal of the third party beneficiary as and when needed;
ii. stating where the Standard Material Transfer Agreement in question is stored, and how it may be obtained; and
iii. providing the following information:
a) The identifying symbol or number attributed to the Standard Material Transfer Agreement by the Provider;
b) The name and address of the Provider;
c) The date on which the Provider agreed to or accepted the Standard Material Transfer Agreement, and in the case of shrink-wrap, the date on which the shipment was sent;
d) The name and address of the Recipient, and in the case of a shrink-wrap agreement, the name of the person to whom the shipment was made;
e) The identification of each accession in Annex 1 to the Standard Material Transfer Agreement, and of the crop to which it belongs.
This information shall be made available by the Secretary to the third party beneficiary. Unless the parties to this Agreement agree otherwise and except as may be required in the context of the settlement of disputes under Article 8 of this Agreement, such information shall be treated as confidential business information and shall only be used to develop aggregated reporting.
ARTICLE 6 - RIGHTS AND OBLIGATIONS OF THE RECIPIENT 7(7)
6.1 The Recipient undertakes that the Material shall be used or conserved only for the purposes of research, breeding and training for food and agriculture. Such purposes shall not include chemical, pharmaceutical and/or other non-food/feed industrial uses.
6.2 The Recipient shall not claim any intellectual property or other rights that limit the facilitated access to the Material provided under this Agreement, or its genetic parts or components, in the form received from the Multilateral System.
6.3 In the case that the Recipient conserves the Material supplied, the Recipient shall make the Material, and the related information referred to in Article 5b, available to the Multilateral System using the Standard Material Transfer Agreement.
6.4 In the case that the Recipient transfers the Material supplied under this Agreement to another person or entity (hereinafter referred to as “the subsequent recipient”), the Recipient shall
a) do so under the terms and conditions of the Standard Material Transfer Agreement, through a new Standard Material Transfer Agreement; and
b) notify the Governing Body, in accordance with Article 5e.
On compliance with the above, the Recipient shall have no further obligations regarding the actions of the subsequent recipient.
6.5 In the case that the Recipient transfers a Plant Genetic Resource for Food and Agriculture under Development to another person or entity, until a period of twelve years after signing or accepting of this Agreement has lapsed, the Recipient shall:
a) do so under the terms and conditions of the Standard Material Transfer Agreement, through a new Standard Material Transfer Agreement, provided that Article 5a of the Standard Material Transfer Agreement shall not apply;
b) identify, in Annex 1 to the new Standard Material Transfer Agreement, the Material received from the Multilateral System, and specify that the Plant Genetic Resources for Food and Agriculture under Development being transferred are derived from the Material;
c) notify the Governing Body, in accordance with Article 5e; and
d) have no further obligations regarding the actions of any subsequent recipient.
The obligations in this Article 6.5 do not apply to Plant Genetic Resources for Food and Agriculture under Development, for which both of the following applies:
i. it contains a genetic contribution of less than 12.5% by pedigree of the Material and
ii. it does not contain a trait of commercial value that was contributed by the Material.
6.6 Entering into a Standard Material Transfer Agreement under paragraph 6.5 shall be without prejudice to the right of the parties to attach additional conditions, relating to further product development, including, as appropriate, the payment of monetary consideration.
6.9 The Recipient shall make available to the Multilateral System, through the information system provided for in Article 17 of the Treaty, all non-confidential information that results from research and development carried out on the Material and is encouraged to share through the Multilateral System non-monetary benefits expressly identified in Article 13.2 of the Treaty that result from such research and development. The Recipient is encouraged to place a sample of any Product that incorporates the Material into a collection that is part of the Multilateral System, for research, and breeding and training.
6.10 A Recipient who applied for or obtains intellectual property rights on any Products developed from the Material or its genetic parts or components, obtained from the Multilateral System, and assigns such application or intellectual property rights to a third party, shall transfer the benefit-sharing obligations of this Agreement to that third party.
6.6 bis The Recipient, at the time of signing or accepting of this Agreement, shall select between two access options, as provided for in Article 10 of this Agreement: the subscription option pursuant to Article 6.11 and Annex 2, or the single access option pursuant to Articles 6.7 and 6.8 and Annex 4, unless the Recipient has already subscribed.
6.11 To select the subscription option, the Recipient, if the Recipient has not already subscribed, must submit the Registration Form contained in Annex 3 to this Agreement, duly completed and signed, to the Governing Body of the Treaty, through its Secretary (Subscription). The Subscription is complete upon receipt of the Subscriber number from the Secretary.
6.11 bis The terms and conditions of the subscription option are set out in Annex 2 to this Agreement. Annex 2 to this Agreement constitutes an integral part of this Agreement and any reference to this Agreement shall be understood, where the context permits and mutatis mutandis, to also include Annex 2.
6.11 ter Under the subscription option, the Recipient, shall have no payment obligations with regard to the Material received, and any Product that incorporates the Material, other than the payment obligations provided for under the subscription option, during the period of the Subscription.
6.7 Under the single access option, if the Recipient or any of its affiliates commercializes a Product, and where such Product is not available without restriction, the terms and conditions laid out in Annex 4 apply. After the restriction comes to an end, the Recipient or any of its affiliates commercializing the Product will continue to make payments at the rate referred to in Article 6.8 below. Annex 4 to this Agreement constitutes an integral part of this Agreement and any reference to this Agreement shall be understood, where the context permits and mutatis mutandis, to also include Annex 4.
6.8 Under the single access option, if the Recipient or any of its affiliates commercializes a Product and where that Product is available without restriction, the terms and conditions laid out in Annex 4 apply. Annex 4 to this Agreement constitutes an integral part of this Agreement and any reference to this Agreement shall be understood, where the context permits and mutatis mutandis, to also include Annex 4.
6.8 bis A Recipient who accesses the Material under Articles 6.7/6.8 shall disclose its affiliates at the time of signing the SMTA. In case any of those affiliates is given material after the signing of the SMTA, Article 6.5 of this Agreement shall apply.
ARTICLE 7 - APPLICABLE LAW
The applicable law shall be the General Principles of Law, including the UNIDROIT Principles of International Commercial Contracts 2016 and as subsequently updated, the objectives and the relevant provisions of the Treaty, and, when necessary for interpretation, the decisions of the Governing Body.
ARTICLE 8 - DISPUTE SETTLEMENT
8.1 Dispute settlement may be initiated by the Provider or the Recipient or the third party beneficiary acting on behalf of the Governing Body of the Treaty and its Multilateral System.
8.2 The parties to this Agreement agree that the Food and Agriculture Organization of the United Nations, representing the Governing Body and the Multilateral System, has the right, as a third party beneficiary, to initiate dispute settlement procedures regarding rights and obligations of the Provider and the Recipient under this Agreement.
8.3 The third party beneficiary has the right to request that the appropriate information, including samples as necessary, be made available by the Provider and the Recipient, regarding their obligations in the context of this Agreement. Any information or samples so requested shall be provided by the Provider and the Recipient, as the case may be.
8.4 Any dispute arising from this Agreement shall be resolved in the following manner:
a) Amicable dispute settlement: The parties shall attempt in good faith to resolve the dispute by negotiation.
b) Mediation: If the dispute is not resolved by negotiation, the parties may choose mediation through a neutral third party mediator, to be mutually agreed.
c) Arbitration: If the dispute has not been settled by negotiation or mediation, any party may submit the dispute for arbitration under the Arbitration Rules of an international body as agreed by the parties to the dispute. Failing such agreement, the dispute shall be settled under the Rules of Arbitration of the International Chamber of Commerce, by one or more arbitrators appointed in accordance with the said Rules. Either party to the dispute may, if it so chooses, appoint its arbitrator from such list of experts as the Governing Body may establish for this purpose; both parties, or the arbitrators appointed by them, may agree to appoint a sole arbitrator, or presiding arbitrator as the case may be, from such list of experts. The result of such arbitration shall be binding.
d) Aggrieved parties may avail themselves of opportunities made available under the provisions of Article 12.5 of the Treaty.
8.5 In case of a proven breach of Articles 6.1 or 6.2, the Recipient may be liable for damages. With respect to Article 6.1, damages should be in proportion to the income received by the Recipient as a result of the proven breach. With respect to Article 6.2, damages should be in proportion to the income received by the Recipient as a result of the intellectual property or other rights that limit the facilitated access to the Material, or its genetic parts or components, in the form received from the Multilateral System, and may additionally result in assignment of the intellectual property or other rights involved, in accordance with relevant international law and national legislation.
ARTICLE 9 - ADDITIONAL ITEMS
Warranty
9.1 The Provider makes no warranties in this Agreement as to the safety of or title to the Material, nor as to the accuracy or correctness of any passport or other data provided with the Material. Neither does it make any warranties as to the quality, viability, or purity (genetic or mechanical) of the Material being furnished. The phytosanitary condition of the Material is warranted only as described in any attached phytosanitary certificate. The Recipient assumes full responsibility for complying with the recipient nation’s quarantine, invasive alien species and biosafety regulations and rules as to import or release of genetic material.
Withdrawal from this Agreement
9.2 The Recipient may withdraw from this Agreement in accordance with Annex 2 and Annex 4.
Amendments to the Standard Material Transfer Agreement
9.3 If the Governing Body amends the terms and conditions of the Standard Material Transfer Agreement, the Recipient shall, as of the date decided by the Governing Body, utilize the amended SMTA for subsequent transfers of the Material to third parties. The other rights and obligations of the Recipient shall remain unchanged, unless the Recipient explicitly agrees in writing to the amended Standard Material Transfer Agreement.
Transitional Phase
9.4 In the event that the Amendment of Annex I of the Treaty, as contained in Resolution [XX]/2025, does not enter into force by 31 July 2031 and unless the Governing Body extends the period or decides otherwise, at its Session in 2031:
Article 6.11 and related Annexes will cease to apply for new Recipients and no new Subscription will be allowed under this Agreement. A Recipient that became a Subscriber before 31 July 2031 may, within [XX] days, either:
1) Notify the Governing Body of the Treaty, through its Secretary, that it will maintain its Subscription; or
2) Withdraw from its Subscription with immediate effect. Should the Subscriber choose this option, the Subscription Terms shall cease to apply and shall be replaced by the terms and conditions of the payment mechanism under Articles 6.7, 6.8 and Annex 4 of this Agreement. Following such withdrawal, any amount paid by the Subscriber under the Subscription will be credited, upon request by the Subscriber, towards any payments that might fall due under the payment mechanism under Articles 6.7, 6.8 and Annex 4 of this Agreement.
ARTICLE 10 - SIGNATURE/ACCEPTANCE
The Provider and the Recipient may choose the method of acceptance unless either party requires this Agreement to be signed.
Option 1 –Signature* 8(8)
I, (Full Name of Authorized Official), represent and warrant that I have the authority to execute this Agreement on behalf of the Recipient and acknowledge my institution’s responsibility and obligation to abide by the provisions of this Agreement, both by letter and in principle, in order to promote the conservation and sustainable use of Plant Genetic Resources for Food and Agriculture.
□ I understand and expressly agree that the third party beneficiary shall have the rights provided in Articles 4 and 8 of this Agreement.
□ I hereby declare that the Recipient’s Sales do not exceed USD [xx] in accordance with Annex 2, Article 3.4. The Recipient commits to making annual payments and submit annual reports as of the time that its Sales exceed USD [xx]. The right of the third party beneficiary to request the appropriate information in accordance with Article 4.4 of this Agreement is understood and expressly acknowledged.
□ I confirm that I am already a Subscriber to the Multilateral System.
Or
□ I hereby opt for the subscription option pursuant to Article 6.11 and Annex 2 of this Agreement and confirm I have sent the Registration Form in Annex 3 of this Agreement to the Governing Body, through its Secretary.
Or
□ I hereby opt for the single access options pursuant to Articles 6.7 and 6.8 and Annex 4 of this Agreement.
Signature
Date
Name of the Recipient
Option 2 – Shrink-wrap Standard Material Transfer Agreements* 9(9)
The Material is provided conditional on acceptance of the terms of this Agreement.
The provision of the Material by the Provider and the Recipient’s acceptance and use of the Material constitutes acceptance of the terms of this Agreement.
The Recipient understands and expressly agrees that the third party beneficiary shall have the rights provided in Articles 4 and 8 of this Agreement.
If the Recipient’s Sales do not exceed USD [xx], it shall submit the following statement in writing and duly signed to the Governing Body, through its Secretary, or otherwise the exemption provided in Annex 2, Article 3.4 does not apply: “I hereby declare that the Recipient’s Sales do not exceed USD [xx] in accordance with Annex 2, Article 3.4. The Recipient commits to making annual payments and submit annual reports as of the time that its Sales exceed USD [xx]. The right of the third party beneficiary to request the appropriate information in accordance with Article 4.4 of this Agreement is understood and expressly acknowledged.”
If the Recipient is a Subscriber, it shall submit the following information to the Governing Body, through its Secretary: “I hereby confirm that I am a Subscriber, with the Subscriber number .....................”
Or
If the Recipient opts for the subscription option, it shall submit the following information to the Governing Body, through its Secretary: “I hereby opt for the subscription option pursuant to Article 6.11 and Annex 2 of this Agreement and confirm I have sent the Registration Form in Annex 3 to this Agreement to the Governing Body, through its Secretary.”
Or
If the Recipient opts for the single access option, it shall submit the following information to the Governing Body, through its Secretary: “I hereby opt for the single access options pursuant to Articles 6.7 and 6.8 and Annex 4 of this Agreement.”
Option 3 – Click-wrap Standard Material Transfer Agreement* 10(10)
□ I hereby agree to the above conditions.
□ I understand and expressly agree that the third party beneficiary shall have the rights provided in Articles 4 and 8 of this Agreement.
□ I hereby declare that the Recipient’s Sales do not exceed USD [xx] in accordance with Annex 2, Article 3.4. The Recipient commits to making annual payments and submit annual reports as of the time that its Sales exceed USD [xx]. The right of the third party beneficiary to request the appropriate information in accordance with Article 4.4 of this Agreement is understood and expressly acknowledged.
□ I hereby confirm that I am a Subscriber, with the Subscriber number ............
Or
□ I hereby opt for the subscription option pursuant to Article 6.11 and Annex 2 of this Agreement and confirm I have sent the Registration Form in Annex 3 to this Agreement to the Governing Body, through its Secretary.
Or
□ I hereby opt for the single access options pursuant to Articles 6.7 and 6.8 and Annex 4 of this Agreement.
2.Annex 1
LIST OF MATERIALS PROVIDED
This Annex lists the Material provided under this Agreement, including the associated information referred to in Article 5b. The following information is included, or the source indicated from which it may be obtained, for each Material listed: all available passport data and, subject to applicable law, any other associated, available, non-confidential descriptive information.
Table A
Materials:
Crop: Accession number or other identifier
Associated information, if available, or source from which it may be obtained (URL)
Table B
Materials that are Plant Genetic Resources for Food and Agriculture under Development:
Crop:
Accession number or other identifier
Associated information, if available, or source from which it may be obtained (URL)
In accordance with Article 6.5b, the following information is provided regarding the materials received under an SMTA or which were brought into the Multilateral System by an agreement pursuant to Article 15 of the Treaty, from which the Plant Genetic Resources for Food and Agriculture under Development listed in Table B are derived:
Crop:
Accession number or other identifier
Associated information, if available, or source from which it may be obtained (URL)
3.Annex 2
TERMS AND CONDITIONS OF THE SUBSCRIPTION OPTION (ARTICLE 6.11)
ARTICLE 1 - SUBSCRIPTION
1.1 The Recipient, who subscribes in accordance with Article 6.11 of this Agreement (hereinafter referred to as the “Subscriber”), agrees to be bound by the following additional terms and conditions (the “Subscription Terms”).
1.2 The Subscription shall take effect upon receipt by the Subscriber of the Subscriber number from the Secretary of the Governing Body, following the submission of the duly signed Registration Form contained in Annex 3. The Subscriber shall not be required to sign Annex 3 of any subsequent Standard Material Transfer Agreement, during the period of Subscription.
1.3 The Subscriber shall be relieved of any obligation to make payments under any Standard Material Transfer Agreements signed before [date], and with respect to materials accessed under those Standard Material Transfer Agreements, only the payment obligations in these Subscription Terms shall apply.
1.3 BIS To the extent the Subscriber has signed any Standard Material Transfer Agreements pursuant to Articles 6.7 or 6.8 of this Agreement after [date], the Subscriber’s payment obligations under those Standard Material Transfer Agreements shall remain in place, and the Subscriber may subtract the sales of associated products that are Plant Genetic Resources for Food and Agriculture from the base of its subscription payment.
1.4 The Governing Body may amend the Subscription Terms at any time. Such amended Subscription Terms shall not apply to any existing Subscription, unless the Subscriber notifies the Governing Body of its agreement to be subject to the amended Subscription Terms. Should the Subscriber agree to the amended Subscription Terms, such agreement shall not affect the date on which the Subscription had taken effect.
ARTICLE 2 - REGISTER
The Subscriber agrees that its full name, contact details and the date at which Subscription took effect, shall be placed on a public register (the “Register”), and undertakes to immediately communicate any changes to this information to the Governing Body of the Treaty, through its Secretary.
ARTICLE 3 - MONETARY BENEFIT-SHARING
3.1 In order to share the monetary benefits from the use of Plant Genetic Resources for Food and Agriculture under the Treaty, the Subscriber shall make annual payments based on the Sales of products that are Plant Genetic Resources for Food and Agriculture.
3.2 The applicable rate of payment on Sales of products that are Plant Genetic Resources for Food and Agriculture shall be [yy]%.
3.3 At the request of the Subscriber, who only commercializes products that are Plant Genetic Resources for Food and Agriculture that are available without restriction, through the Registration Form contained in Annex 3, the rate of payment shall be [xx]%.
3.4 Notwithstanding the above, no payment shall be required for a Subscriber in a financial year in which its Sales do not exceed USD [xx].
3.5 Payment shall be made within sixty (60) days after closure of accounts each financial year, for the previous year. Whenever the Subscription took effect during the year, the Subscriber shall make a proportionate payment for the first year of its Subscription.
3.6 The Subscriber shall submit to the Secretary of the Governing Body, within sixty (60) days after closure of accounts each financial year a statement of account, including in particular the following:
a) Information on the Sales for which payment was made;
b) In case of Article 3.3 of Annex 2, information on the Subscriber’s product portfolio;
c) the verifiable source of the information provided;
or a signed declaration showing that it is exempted from payment in accordance with Article 3.4 above.
Such information shall be treated as confidential business information, to the extent specified by the Subscriber within the limits set by this Agreement, and shall be made available to the third party beneficiary, in the context of dispute settlement, as provided for in Article 8 of this Agreement, and to the Governing Body for aggregated reporting purposes on income to the fund established by the Governing Body in accordance with Article 19.3f of the Treaty.
3.7 All payments due to the Governing Body shall be payable in United States dollars (USD) at the exchange rate that prevailed at the date of closure of accounts for the following account established by the Governing Body in accordance with Article 19.3f of the Treaty:
FAO Trust Fund (USD)
GINC/INT/031/MUL,
IT-PGRFA (Benefit-sharing),
Citibank
399 Park Avenue, New York, NY, USA, 10022,
Swift/BIC: CITIUS33, ABA/Bank Code: 021000089, Account No. 36352577
ARTICLE 4 - WITHDRAWAL FROM THE SUBSCRIPTION
4.1 The Subscription shall be in force until the Subscriber withdraws from it, subject to the outcomes of any dispute settlement under Article 8 of this Agreement.
4.2 The Subscriber may withdraw from its Subscription upon six months written notice to the Governing Body through its Secretary, not less than 10 years from the date that the Subscription took effect.
4.3 Upon withdrawal from its Subscription, the Subscriber shall no longer use the Material. The Subscriber may conserve the Material and make it available to the Multilateral System in accordance with Article 6.3. The Subscriber may also offer to return any remaining Material in its possession to the Provider. If this is not possible or the Provider declines the offer, the Subscriber shall offer to transfer the Material to an international institution that has signed an agreement with the Governing Body under Article 15 of the Treaty or any other genebank that operates under the terms and conditions of the Multilateral System. If the offer is declined or such transfer is not possible, as a last resort, the Material may be destroyed, and evidence of its destruction is to be provided to the third party beneficiary.
4.4 The monetary benefit-sharing provisions of Article 3 of these Subscription Terms shall continue to apply for two years from the end of the Subscription. Notwithstanding the foregoing, only Articles 4, 6.1, 6.2, 6.3, 6.4, 6.9, 6.10 and 8 of this Agreement shall continue to apply after the end of the Subscription.
4.Annex 3 11(11)
REGISTRATION FORM
The Recipient hereby agrees to be bound by the Subscription Terms. It is understood and expressly agreed that the Recipient’s full name, contact details and the date at which Subscription took effect, shall be placed on a public register of Subscribers (the “Register”), and that any changes to this information is communicated immediately to the Governing Body of the Treaty, through its Secretary, by the Recipient or its authorized official.
□ (Only if the monetary benefit-sharing payment rates under Annex 2, Article 3.3 are chosen): I hereby opt for the payment rates provided in Annex 2, Article 3.3. I understand and expressly agree that my yearly statement of account will have to include the additional information stipulated in Annex 2, Article 3.6.
Signature
Date
Full name of Recipient:
Address:
Telephone:
Email:
Recipient’s authorized official:
Address:
Telephone:
Email:
NB: The Recipient must also sign or accept this Agreement, as provided for in Article 10, without which Registration is not valid. The Recipient shall signify acceptance by returning a signed Registration Form to the Governing Body, through its Secretary, at the address below. A signed Registration Form must be accompanied by a copy of this Agreement.
The Secretary,
International Treaty on Plant Genetic Resources for Food and Agriculture
Food and Agriculture Organization of the United Nations
I-00153 Rome, Italy
Email: ITPGRFA-Secretary@FAO.org.
5.Annex 4 12(12)
TERMS AND CONDITIONS OF THE SINGLE ACCESS OPTION (ARTICLES 6.7 AND 6.8)
1. On commercialization of the Product, the Recipient shall pay each year [bb %] of the annual Sales of the Product, if the Product is not available without restriction to others for further research and breeding, for the period for which the restriction is applicable. After the restriction comes to an end, the Recipient or any of its affiliates commercializing the Product will continue to make payments at the rate referred to in Paragraph 2 below.
2. On commercialization of the Product, the Recipient shall pay each year, for a period of twenty-five years, [aa] % of the annual Sales of the Product, if the Product is available without restriction to others for research and breeding.
3. For a particular Product, the Recipient shall be required to make payments for not more than twenty-five years in total.
4. The Recipient shall notify the Governing Body through its Secretary that it has commercialized the Product, within 6 months of the date the commercialization had started.
4bis. The Recipient may opt make a one-time payment equivalent to [zz%] of the total research and development expenditure related to the development of the Product upon completion of the initial research phase. That payment will be deducted from any payment due under Articles 1 or 2 above. Completion of initial research means that laboratory analyses, field studies, or any other research activities necessary to determine the utility of the Material or its components obtained from the Multilateral System has been conducted and finalized.
5. No payment shall be due from the Recipient when the Product:
(a) has been purchased or otherwise obtained from another person or entity who has already made payment on the Product;
(b) is sold or traded as a commodity; or
(c) contains a genetic contribution of less than 6.25% by pedigree of the Material and does not contain a trait of commercial value that was contributed by the Material.
6. Where a Product contains a Plant Genetic Resource for Food and Agriculture accessed from the Multilateral System under two or more material transfer agreements based on the Standard Material Transfer Agreement only one payment shall be required under paragraphs 1 and 2 above.
7. The Recipient shall submit to the Governing Body, within sixty (60) days after closure of accounts each financial year, an annual report setting forth:
(a) the Sales of the Product or Products by the Recipient, and any of its affiliates, for the twelve (12) month period preceding the annual closure of accounts;
(b) the amount of the payment due;
(c) information that allows for the identification of the applicable payment rate or rates; and
(d) the verifiable source of the information provided.
Such information shall be treated as confidential business information, to the extent specified by the Recipient within the limits set by this Agreement, and shall be made available to the third party beneficiary, in the context of dispute settlement, as provided for in Article 8 of this Agreement, and to the Governing Body for aggregated reporting purposes on income to the fund established by the Governing Body in accordance with Article 19.3f of the Treaty.
8. Payment shall be due and payable upon submission of each annual report. All payments due to the Governing Body shall be payable in United States dollars (USD) at the exchange rate that prevailed at the date of closure of accounts for the following account established by the Governing Body in accordance with Article 19.3f of the Treaty:
FAO Trust Fund (USD)
GINC/INT/031/MUL,
IT-PGRFA (Benefit-sharing),
Citibank
399 Park Avenue, New York, NY, USA, 10022,
Swift/BIC: CITIUS33, ABA/Bank Code: 021000089, Account No. 36352577
9. A Recipient may withdraw from this Agreement upon six months written notice to the Governing Body, through its Secretary, not less than ten years from the date of signing of this Agreement by the Provider or the Recipient, whichever date is later, or from the date of acceptance of this Agreement by the Recipient.
10. In the case that the Recipient commercializes a Product, in respect of which payment is due in accordance with Articles 6.7, 6.8 and Annex 4 of this Agreement, such payment shall continue after withdrawal while that Product is commercialized and in accordance with the terms of Articles 6.7, 6.8 and Annex 4 of this Agreement.
11. Upon withdrawal from this Agreement, the Recipient shall no longer use the Material. The Recipient may conserve the Material and make it available to the Multilateral System in accordance with Article 6.3. The Recipient may also offer to return any remaining Material in its possession to the Provider. If this is not possible or the Provider declines the offer, the Recipient shall offer to transfer the Material to an international institution that has signed an agreement with the Governing Body under Article 15 of the Treaty or any other genebank that operates under the terms and conditions of the Multilateral System. If the offer is declined or such transfer is not possible, as a last resort, the Material may be destroyed, and evidence of its destruction is to be provided to the third party beneficiary.
12. Notwithstanding the above, only Articles 4, 6.1, 6.2, 6.3, 6.4, 6.9, 6.10 and 8 of this Agreement shall continue to apply after the withdrawal has taken effect.
EUROPEAN COMMISSION
Brussels, 29.9.2025
COM(2025) 564 final
ANNEX
to the
COUNCIL DECISION
establishing the position to be taken on behalf of the Union within the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture as regards certain proposals submitted for adoption during its eleventh session
Annex III
GENERAL NEGOTIATION PRINCIPLES
1.The enhancement of the functioning of the Multilateral System (MLS) shall be attained through a package of measures including all of the following elements:
1.1.The development of a subscription-based system of payments that allows for predictable and sustainable income for the Benefit-sharing Fund and which is acceptable to users and providers.
1.2. The maintenance of a single-access system of payments as an alternative to a subscription-based system, that allows for sufficient flexibility for various user groups 1(1).
1.3. The expansion of the scope of the MLS as much as possible to cover ideally all plant genetic resources for food and agriculture.
2. Any revision of the Standard Material Transfer Agreement (SMTA) shall recognise the value of the breeders’ exemption by clearly distinguishing between those products which are made available without restriction to others for further research and breeding, and those which are not. Accordingly, mandatory payments into the Benefit-sharing Fund resulting from the commercialisation of products which are made available without restriction to others for further research and breeding shall be significantly lower than mandatory payments resulting from the commercialisation of products which are not made available without such restriction. This differentiation shall apply both to the subscription system and to the single-access system 2(2).
3. As regards Digital Sequence Information (DSI) the following shall be respected:
3.1. As long as there is no final agreement on the definition of DSI, any revision of the SMTA should not include specific provisions on the sharing of benefits derived from the use of DSI on plant genetic resources for food and agriculture. This is in order to avoid legal uncertainty, as the SMTA constitutes a binding contract between the provider and the recipient of the material.
3.2. The subscription-based payment system shall be defined in a way that the contributions under that system are satisfying the obligation for contributions to the 'Cali Fund for the Fair and Equitable Sharing of Benefits from the use of Digital Sequence Information on Genetic Resources' that was established by the Decision 16/2 of the Conference of the Parties to the Convention on Biological Diversity. This is in order to avoid double payments between the two systems.